Bill > SB214

This bill amends existing New Mexico law concerning workers' compensation benefits when a worker's intoxication or influence contributes to an injury or death. Specifically, it clarifies that "intoxication" or "influence" means a temporary state of impaired function due to alcohol, drugs, or controlled substances, but excludes prescribed medications taken as directed unless combined with other substances to cause impairment. The bill establishes that compensation benefits can be reduced by the degree to which intoxication or influence contributes to the injury, with reductions ranging from ten to ninety percent. It also outlines requirements for testing to be considered valid evidence, including adherence to standard medical procedures and certification of testing laboratories, and states that employers must pay for testing, which cannot be used in criminal proceedings against the worker. Furthermore, the bill specifies that if a worker refuses a post-accident test or to release results, no compensation will be paid, and an employer is barred from claiming a reduction if they knew of the worker's intoxication and failed to act, or if they haven't implemented a written drug- and alcohol-free workplace policy that notifies employees about potential benefit reductions. Importantly, these reductions or denials of compensation benefits do not affect medical benefits or payments to dependents of a deceased worker.